APHC010626352022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 37497/2022 Between:

1. Y CHANDRA SEKHAR REDDY, S/O THIMMA REDDY, AGE 54 YEARS, OCC FAIR PRICE SHOP DEALER, R/O H.NO.4-35-1, NAKKAVAGULAPALLI VILLAGE, DHONE .MANDAL, KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI

2. T HE JOINT COLLECTOR, NANDYAL, NANDYAL DISTRICT.

3. T HE REVENUE DIVISIONAL OFFICER, DHONE, NANDYAL DISTRICT.

4. T HE TAHSILDAR, DHONE MANDAL, NANDYAL DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the action of the 2nd respondent in issuing the impugned proceedings vide Rc.F.80/2022, dated 29-09-2022, cancelling the petitioner's dealership to the Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District basing on the Panchanama report dated 19-03-2022 submitted by the 4th respondent, though the petitioner filed renewal application and remitted an amount of Rs.1,000/- on 31-03-2022 and Rs.4,000/- on 23-06-2022, in respect of the Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District, as illegal, arbitrary, unjust and violation of principles of natural justice and consequently set aside the proceedings vide Rc.F.80/2022, dated 29-09-2022 and direct the respondents to supply the Essential Commodities to the the petitoner's Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District and pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to supply the Essential Commodities to the the petitoner's Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District by suspending the operation of impugned proceedings vide Rc.F.80/2022, dated 29-09-2022, pending disposal of the writ petition and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim order dt.29.11.2022 in I.A.No.1 of 2022 in W.P.No.37497 of 2022 and dismiss the Writ Petition and pass Counsel for the Petitioner:

1. U RAMANJANEYULU Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR CIVIL SUPPLIES The Court made the following:

HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.37497 of 2022

ORDER

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue an appropriate Writ, Order or direction more particularly one in the action of the 2nd respondent in issuing the impugned proceedings vide Rc.F.80/2022, dated 29-09-2022, cancelling the petitioner's dealership to the Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District basing on the Panchanama report dated 19-03-2022 submitted by the 4th respondent, though the petitioner filed renewal application and remitted an amount of Rs.1,000/- on 31-03-2022 and Rs.4,000/- on 23-06-2022, in respect of the Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District, as illegal, arbitrary, unjust and violation of principles of natural justice and consequently set aside the proceedings vide Rc.F.80/2022, dated 29-09-2022 and direct the respondents to supply the Essential Commodities to the the petitoner's Fair Price Shop No.53 of Nakkavagulapalli Village, Dhone Mandal, Nandyal District…”

2. The petitioner was appointed as a temporary Fair Price Shop dea